Smith v. Stanaway

The dispositive question in this appeal of a civil action for damages is whether an order drafted by the clerk of the trial court and entered by the trial judge, without notice to or endorsement of counsel, memorializing the court’s action taken on the day of entry of the order sustaining a motion to strike the evidence, violated Rule 1:13 thereby rendering the order void.

The Rule, as pertinent, provides:

“Drafts of orders and decrees shall be endorsed by counsel of record, or reasonable notice of the time and place of presenting such drafts together with copies thereof shall be served by…